Senate File 471 S-3141 Amend Senate File 471 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < Section 1. NEW SECTION . 17A.4B Negotiated 4 rulemaking. 5 1. An agency shall create a negotiated rulemaking 6 group if required by statute. An agency may, on 7 its own motion or upon request, create a negotiated 8 rulemaking group if the agency determines that a 9 negotiated rulemaking group can adequately represent 10 the interests that will be significantly affected 11 by a draft rule proposal and that it is feasible and 12 appropriate in the particular rulemaking. Notice of 13 the creation of a negotiated rulemaking group shall 14 be published in the Iowa administrative bulletin. 15 Upon establishing a negotiated rulemaking group, 16 the agency shall also specify a time frame for group 17 deliberations. 18 2. Unless otherwise provided by statute, the 19 agency shall appoint a sufficient number of members 20 to the group so that a fair cross section of opinions 21 and interests regarding the draft rule proposal 22 is represented. One person shall be appointed to 23 represent the agency. The group shall select its own 24 chairperson and adopt its rules of procedure. All 25 meetings of the group shall be open to the public. 26 A majority of the membership constitutes a quorum. 27 Members shall not receive any per diem payment but 28 shall be reimbursed for all necessary expenses. Any 29 vacancy shall be filled in the same manner as the 30 initial appointment. 31 3. Prior to the publication of a notice of intended 32 action, the group shall consider the terms or substance 33 of the rule drafted by the agency and shall attempt to 34 reach a consensus concerning the draft rule proposal. 35 4. If a group reaches a consensus on a draft rule 36 proposal, the group shall transmit to the agency a 37 report containing the consensus on the draft rule 38 proposal. If the group does not reach a consensus on a 39 draft rule proposal within the specified time frame, 40 the group shall transmit to the agency a report stating 41 that inability to reach a consensus and specifying any 42 areas in which the group reached a consensus. The 43 group may include in a report any other information, 44 recommendations, or materials that the group considers 45 appropriate. Any group member may include as an 46 addendum to the report additional information, 47 recommendations, or materials. A report issued under 48 this subsection shall not be considered final agency 49 action for purposes of judicial review. 50 -1- SF471.1811 (1) 84 jr/nh 1/ 3 #1.

5. Unless otherwise provided by statute, following 1 a negotiated rulemaking group consideration of a draft 2 rule proposal, the agency may commence rulemaking as 3 provided in section 17A.4. The group is automatically 4 abolished upon the agency’s adoption of the rule 5 pursuant to the provisions of section 17A.5. 6 Sec. 2. Section 17A.7, subsection 2, Code 2011, is 7 amended by striking the subsection and inserting in 8 lieu thereof the following: 9 2. Over a five-year period of time, an agency 10 shall conduct an ongoing and comprehensive review of 11 all of the agency’s rules. The goal of the review 12 is the identification and elimination of all rules of 13 the agency that are outdated, redundant, overbroad, 14 ineffective, unnecessary, or otherwise undesirable. 15 An agency shall commence its review by developing a 16 plan of review in consultation with major stakeholders 17 and constituent groups. As part of its review, an 18 agency shall review existing policy and interpretive 19 statements or similar documents to determine whether 20 it would be necessary or appropriate to adopt these 21 statements or documents as rules. 22 a. An agency shall establish its five-year plan for 23 review of its rules and publish the plan in the Iowa 24 administrative bulletin. 25 b. An agency’s plan for review shall do all of the 26 following: 27 (1) Contain a schedule that lists when the review 28 of each rule or rule group will occur. 29 (2) State the method by which the agency will 30 determine whether the rule under review meets the 31 criteria listed in this section. 32 (3) Provide a means for public participation in the 33 review process and specify how interested persons may 34 participate in the review. 35 (4) Identify instances where the agency may require 36 an exception to the review requirements. 37 (5) Provide a process for ongoing review of rules 38 after the initial five-year review period has expired. 39 c. An agency shall consider all of the following 40 criteria when reviewing its rules: 41 (1) The need for the rule. 42 (2) The clarity of the rule. 43 (3) The intent and legal authority for the rule. 44 (4) The qualitative and quantitative benefits and 45 costs of the rule. 46 (5) The fairness of the rule. 47 d. When an agency completes its five-year review of 48 its rules, the agency shall provide a summary of the 49 results to the administrative rules coordinator and the 50 -2- SF471.1811 (1) 84 jr/nh 2/ 3

administrative rules review committee. 1 Sec. 3. RED TAPE INTERIM STUDY COMMISSION. 2 1. The legislative council is requested 3 to establish an interim study commission to 4 comprehensively review all rules and regulations 5 in order to assess the effects of such rules and 6 regulations on Iowa’s economy and to determine 7 whether the resulting burdens on small businesses and 8 workers outweigh the intended benefits. The study 9 commission shall also review the application processes 10 for permits, grants, and tax credits to ensure the 11 processes are streamlined. 12 2. The study commission should submit a report to 13 the general assembly by December 15, 2011. > 14 2. Title page, by striking line 1 and inserting < An 15 Act relating to the review of administrative rules and 16 application processes. > 17 ______________________________ JEFF DANIELSON -3- SF471.1811 (1) 84 jr/nh 3/ 3 #2.